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June 14, 1976 Page 4 <br />Item 11, authorizing issuance of check to B -E Enterprises, Inc. <br />in the amount of $12,800.20 for final payment of their building <br />addition contract, was then discussed. Mayor Johnson stated that <br />the city attorney is in the process of getting facts about the <br />construction of the city hall, specifically the lower level. <br />From the Experts that Atty. Meyers has consulted there are damages <br />incurred. He feels that final payment should not be made until <br />he has completed his discussions with the consultants. <br />MSP (Johnson- Baumgartner) that the final payment in the amount <br />of $12,800.20 for B -E Enterprises, Inc. be denied until some <br />future date. <br />5 ayes <br />Atty. Meyers explained that we are in the process of making a <br />determination as to liability, if any. We are getting into the <br />area of potential damages and this is being reviewed and worked <br />on now. A final determination has not been made; the contractor <br />will necessarily be involved, if not by direct action of the city, <br />by some interceding action from one of the other parties involved. <br />At this point it is prudent to retain any monies owed to the contractor. <br />Item 14, resignation of Marcia deLaBruere as Recreation Program <br />Supervisor effective July 31, 1976, the Mayor stated that he accepts <br />the resignation with regrets. She has put in many hours on her <br />own without pay and she has been a real asset to the Recreation <br />Dept. He wants to commend her at this time. <br />MSP (Johnson - Pickar) to accept the resignation of Marcia deLaBruere <br />with regrets. 5 ayes <br />Referring back to Item 2, Atty Meyers stated that it is covered <br />under 42.05 of Subdivision Regulations. Before any official <br />action can be taken 15 copies of a preliminary plat must be <br />furnished. That would then be forwarded to the Planning Commission <br />and within 60 days they would recommend approval or disapproval. <br />There would then be a hearing within 30 days after receipt of <br />the Planning Commission's recommendation. The administrator <br />stated that he only supplied a sketch plan and not a preliminary <br />plat. Atty Meyers said the Planning Commission had acted without <br />preliminary plat so we could set the hearing. Mayor Johnson asked <br />why his request was denied and Councilman Shelquist stated it was <br />because he wanted the lots split unequally. <br />MSP (Shelquist- Hodges) that we set the public hearing for Charles <br />Hermann for 8:20 p.m., Monday, June 28, 1976. 5 ayes <br />At 8:30 p.m. Mayor Johnson recessed the regular Council meeting <br />and called to order the public hearing on planned use of General <br />Revenue Sharing Entitlement Period Seven (7 -1 -76 to 12- 31 -76) <br />monies. <br />